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Articles Posted in family law

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Marital v Separate Property in Equitable Distribution

It is not rare in this day and age that a spouse “brings” a home into a marriage. This means that one spouse was the owner of a home before they got married. It also likely means that the spouse bringing the home into the marriage was paying the mortgage.…

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The Indian Child Welfare Act

Today, we are taking a look at the Indian[1] Child Welfare Act (ICWA), a federal law managed by the US Bureau of Indian Affairs. The ICWA was passed in 1978 to counteract the unfair treatment of Indigenous children in state and foster care. The US has a nasty history of…

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Markaj v. Markaj

Plaintiff filed a complaint and motion for domestic violence protective order (hereinafter “DVPO”) on March 12, 2021.  When using form AOC-CV-303, Plaintiff described no instances where Defendant either threatened use or actually used a firearm in the context of domestic violence.  However, Plaintiff did describe instances of harassment.   Additionally, when…

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Halloween Brings Religion into Custody

As many families gear up for Halloween with their children, religious concerns about the holiday have led to an increase in “Fall Festivals” or “Trunk or Treats” to provide more religious families with an alternative to a traditional celebration full of ghosts and ghouls. During this time of year, religious…

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50B and Credibility

KEENAN V. KEENAN, 2022-NCCOA-554. Facts: Plaintiff and Defendant were divorced. In August of 2022, Plaintiff alleged that Defendant came to her home to cut some grass despite Plaintiff telling Defendant not to do so. Defendant then refused to leave the home when Plaintiff asked several times. It should be noted…

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Jolie-Pitt Divorce Ongoing

  The divorce struggle between Angelina Jolie and Brad Pitt continues, despite Angelina filing for divorce approximately six years ago.  It has currently come to light that major disputes abound that  surround Chateau Miraval.  Pitt and Jolie officially bought Chateau Miraval in France in 2012.  The couple had been leasing…

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Accessing Adoption Records: Part 2

In Part 1, we talked about how adult adoptees can find out information about their adoptions and birth families. However, for some adoptees, particularly older adoptees, adoption agencies may no longer have detailed records – or any records at all – of their birth families, making it harder to get…

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Accessing Adoption Records: Part 1

Many adopted children grow up wondering, “Where did I come from?” Until the last 20 years or so, the only way to answer that question was to ask a court to unseal your adoption records, which rarely worked. However, as society has gained a greater understanding of the possible psychological…

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Man’s Plan to Win Back His Ex-Wife Goes Awry

Lawrence and Schanda Handley married in 2006.  At the time, Lawrence was a self-made millionaire living in Louisiana.  He made his millions through his endeavors in the technology industry and by launching several supplement companies.  Despite his monumental success – or perhaps in conjunction with it – Lawrence used and…

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Children With Unique Needs in Divorce

Divorce is difficult, and even more so with children involved. It can be especially difficult when the children have unique needs. The stresses of divorce can have an increased impact on these children, and their special needs can have a major impact on custody and child support. As a parent,…

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